Civil Rules Emergency

If a Civil Rules Emergency is declared by the Judicial Conference under Fed. R. Civ. P. 87, then the chief judge of the district may issue any order directed toward that emergency that is not inconsistent with that rule. Any order issued by the chief judge under this local rule must terminate upon termination of the Civil Rules Emergency. For relevant historical context for this local rule, consult the Appendix of Committee Notes. 67 LOCAL SOCIAL SECURITY RULES Local Social Security Rule 1.1.

Application of Rules These Local Social Security Rules are promulgated under 28 U.S.C. § 2071 and Fed. R. Civ. P. 83. They apply in all actions governed by the Supplemental Rules for Social Security Actions. These Local Social Security Rules take effect on January 1, 2025, and govern actions filed on or after that date. For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Social Security Rule 4.1. Motions for Extensions of Time and Scheduling Orders Any party seeking an extension of the deadlines set forth in Supplemental Social Security Rules 4, 6, 7, or 8 must, prior to seeking the extension, attempt to meet and confer with the opposing party in a good faith effort to agree on a reasonable and comprehensive schedule for all future filings in the case. If the parties reach agreement, a joint motion containing the proposed schedule should be filed with the court for approval, and, if approved, will govern all remaining proceedings in the case. No further extensions will be granted absent compelling circumstances.

If the parties are unable to reach agreement and file a joint motion, the party seeking the extension must include in its motion a description of the efforts made to reach agreement on a proposed schedule and the reasons why those efforts were unsuccessful. For relevant historical context for this local rule, consult the Appendix of Committee Notes. Local Social Security Rule 5.1. Default Form and Length for Briefs The typeface, margins, and spacing of all briefs must comply with Local Civil Rule 7.1(b).

Absent leave of Court, which must be requested at least seven days in advance, the following length limitations apply to the parties’ briefs: if filed by an attorney or prepared with a computer, initial and opposition briefs may not exceed 8,750 words, and a plaintiff’s reply brief may not exceed 3,500 words; if filed by a party who is not represented by an attorney and handwritten or prepared with a typewriter, initial and opposition briefs may not exceed 25 pages, and a plaintiff’s reply brief may not exceed 10 pages. These limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material 1 Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026 contained in footnotes or endnotes. If a brief is filed by an attorney or prepared with a computer, the party must also provide a certificate of compliance as required by Local Civil Rule 7.1(c). To the extent the court permits a party to submit briefs longer than these limits, and expresses those limits in pages, each additional page must not contain more than 350 additional words if the brief is filed by an attorney or prepared with a computer.

For relevant historical context for this local rule, consult the Appendix of Committee Notes. Local Social Security Rule 7.1. Obligations of Commissioner in Pro Se Cases If a plaintiff appearing pro se fails to file a brief in support of the requested relief within the time period set forth in Supplemental Social Security Rule 6 (or such extended time period as the court may have granted), the Commissioner must nonetheless file a brief and serve it on the plaintiff within 30 days after the plaintiff’s brief was due (or within such extended time period as the court may have granted). For relevant historical context for this local rule, consult the Appendix of Committee Notes.

Local Social Security Rule 8.1. Opposition and Reply Briefs in Pro Se Cases A plaintiff appearing pro se who fails to file an initial brief for the requested relief may nonetheless file a brief in opposition to the brief filed by the Commissioner pursuant to Local Social Security Rule 7.1. Such brief in opposition must be filed and served on the Commissioner within 14 days after service of the Commissioner’s brief (or within such extended time period granted by the court). In such a circumstance, neither party is permitted to file a reply brief, absent leave of court.

For relevant historical context for this local rule, consult the Appendix of Committee Notes. 2 Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026 LOCAL ADMIRALTY AND MARITIME RULES Local Admiralty Rule A.1. Application of Rules (a) These Local Admiralty and Maritime Rules apply to the procedure in the claims and proceedings governed by the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure. (b) The Local Civil Rules also apply to the procedure in these claims and proceedings, except to the extent that they are inconsistent with the Supplemental Rules or with these Local Admiralty and Maritime Rules. [Source: Former Local Admiralty Rule 1 and Supplemental Rule 1] Local Admiralty Rule B.1.

Affidavit That Defendant Is Not Found Within the District The affidavit required by Supplemental Rule B(1) to accompany the complaint and the affidavit required by Supplemental Rule B(2)(c) must list the efforts made by and on behalf of the plaintiff to find and serve the defendant within the district. [Source: Maritime Law Association Model Rule (b)(1)] Local Admiralty Rule B.2. Notice of Attachment The plaintiff must give prompt notice to the defendant of an attachment after plaintiff is advised of the attachment by the garnishee. Such Notice must be in writing and may be given by fax, email, or other verifiable electronic means. [Source: Former Local Admiralty Rule 10(b)] Local Admiralty Rule C.1. Intangible Property The summons issued under Supplemental Rule C(3)(c) must direct the person having control of freight or proceeds of property sold or other intangible property to show cause at least 14 days after service (unless the court, for good cause shown, shortens the period) why the intangible property should not be delivered to the court to abide the judgment.

The person who is served may deliver or pay over to the marshal the intangible property proceeded against to the extent sufficient to satisfy the plaintiff's 3 Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026 claim. If that delivery or payment is made, the person served is excused from the duty to show cause. [Source: Former Local Admiralty Rule 2] Local Admiralty Rule C.2. Publication of Notice of Action and Arrest; Sale (a) The notice required by Supplemental Rule C(4) must be published at least once and must contain (1) the fact and date of the arrest, (2) the caption of the case, (3) the nature of the action, (4) the amount demanded, (5) the name of the marshal, (6) the name, address, and telephone number of the attorney for the plaintiff, and (7) a statement that claimants must file their claims with the clerk of this court within 14 days after notice or first publication (whichever is earlier) or within such additional time as may be allowed by the court and must serve their answers within 21 days after the filing of their claims. The notice must also state that all interested persons should file claims and answers within the times so fixed otherwise default will be noted and condemnation ordered.

(b) Except in the event of private sale in accordance with 28 U.S.C. §§ 2001 and 2004, or unless ordered otherwise as provided by law, notice of sale of the property after condemnation in suits in rem must be published daily for at least six days before sale. [Source: Former Local Admiralty Rule 3(a), (c)] 4 Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026 Local Admiralty Rule C.3. Notice Required for Default Judgment in Action In Rem (a) Notice Required in General. A party seeking a default judgment in an action in rem must satisfy the court that due notice of the action and arrest of the property has been given: (1) By publication as required in Supplemental Rule C(4) and Local Admiralty Rule C.2; (2) By service on the master or other person having custody of the property; and (3) By service under Fed. R. Civ. P. 5(b) on every other person who has not appeared in the action and is known to have an interest in the property. (b) Notice Required to Persons with Recorded Interests (1) If the defendant property is a vessel documented under the laws of the United States, plaintiff must attempt to notify all persons named in the certificate of ownership issued by the United States Coast Guard, or other designated agency of the United States, as holding an ownership interest in or as holding a lien in or as having filed a notice of claim of lien with respect to the vessel.

(2) If the defendant property is a vessel numbered as provided in 46 U.S.C. § 12301(a), plaintiff must attempt to notify the persons named in the records of the issuing authority. (3) If the defendant property is of such character that there exists a governmental registry of recorded property interests or security interests in the property, the plaintiff must attempt to notify all persons named in the records of each such registry. [Source: Maritime Law Association Model Rule (c)(3)] Local Admiralty Rule D.1. Return Date in Possessory, Petitory, and Partition Actions In an action under Supplemental Rule D, the court may order that the claim and answer be filed on a date earlier than 21 days after arrest and may by order set a date for expedited hearing of the action. 5 Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026 [Source: Maritime Law Association Model Rule (d)(1)] Local Admiralty Rule E.1.

Adversary Hearing After Arrest, Attachment or Garnishment The adversary hearing after arrest, attachment, or garnishment that is called for in Supplemental Rule E(4)(f) must be conducted by a judicial officer within seven days, unless ordered otherwise. [Source: Maritime Law Association Model Rule (e)(8)] Local Admiralty Rule E.2. Intervenors’ Claims (a) Presentation of Claim. When a vessel or other property has been arrested, attached, or garnished, and is in the hands of the marshal or custodian substituted therefor, anyone having a claim against the vessel or property is required to present the claim by filing an intervening complaint, and not by filing an original complaint, unless ordered otherwise by a judicial officer. Upon the satisfaction of the requirements of Fed. R. Civ. P. 24, the clerk must promptly deliver a conformed copy of the complaint to the marshal, who must deliver the copy to the vessel or custodian of the property.

Intervenors will thereafter be subject to the rights and obligations of parties, and the vessel or property will stand arrested, attached, or garnished by the intervenor. (b) Sharing Marshal’s Fees and Expenses. An intervenor has a responsibility to the first plaintiff, enforceable on motion, consisting of the intervenor's share of the marshal’s fees and expenses in the proportion that the intervenor's claim bears to the sum of all the claims. If a party plaintiff permits vacation of an arrest, attachment, or garnishment, remaining plaintiffs share the responsibility to the marshal for the fees and expenses in proportion to the remaining claims and for the duration of the marshal’s custody because of each claim. [Source: Maritime Law Association Model Rule (e)(11)] Local Admiralty Rule E.3.

Claims by Suppliers for Payment of Charges A person who furnishes supplies or services to a vessel, cargo, or other property in custody of the court who has not been paid and claims the right to payment as an 6 Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026 expense of administration must submit an invoice to the clerk in the form of a verified claim at any time before the vessel, cargo, or other property is released or sold. The supplier must serve copies of the claim on the marshal, substitute custodian if one has been appointed, and all parties of record. The court may consider the claims individually or schedule a single hearing for all claims. [Source: Maritime Law Association Model Rule (e)(12)(d)] Local Admiralty Rule E.4. Preservation of Property Whenever property is attached or arrested under the provisions of Supplemental Rule E(4)(b) that permit the marshal or other person having the warrant to execute the process without taking actual possession of the property, and the owner or occupant of the property is thereby permitted to remain in possession, the court, on motion of any party or on its own motion, may enter any order necessary to preserve the value of the property, its contents, and any income derived therefrom, and to prevent the destruction, removal or diminution in value of the property, contents and income.

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